ORE RATE HEARING, PENDING. In the ore rate matter, the Commission has not, as yet, arrived at a full conclusion, although a tariff agreeable to the shippers and fair to the railroads is under consideration. This tariff is made to cover any unusual conditions and to equalize the smelting points, putting Butte and East Helena on practically the same basis. As the matter of smelter rates is of far more importance than freight rates in the production of minerals, the competitive feature thus brought forth should prove of much value to the ore producers of the State. In addition to this there will be a very material lowering of the freight rates on ore. LEGISLATION. The Commission recommends the passage of suitable legislation to prohibit Railroad companies, or companies owned and controlled by, or in which Railroad companies are interested, from engaging in the wholesale or retail coal business within the State of Montana. The railroad commission law should be so amended as to give the Commission greater power and authority in the matter of adopting and enforcing regulations respecting the carriage of freight and passengers, and matters pertaining thereto, in the conduct of the business and affairs of railroad corporations. The Commission should have full authority to make inspection of safety appliances, and to make and enforce regulations with respect thereto, to compel reports respecting the examination of the condition of boilers in use, and to make inspection thereof when deemed necessary or desirable, and to prescribe and enforce regulations with respect thereto; and also to make and enforce regulations concerning the running of trains, cars or engines for the safety of employees and the traveling public. TRACK AND SAFETY APPLIANCE On October 1st, 1907, the Commission created the position of Track and Safety Appliance Inspector to the department and appointed S. M. Ross, an experienced railroad man, as Inspector, at an annual salary of $1,500.00. The lines of all railroads operating in the state have been carefully inspected and their condition just previous to the spring floods of this year, was very satisfactory. Much work on road beds was done during 1907, and the first five months of the present year. On report of the Inspector, the Commission has in many instances made request to the different railroad companies for the correction of improper conditions on locomotives, cars, tracks, trestles, crossings, etc., all of which requests have been promptly complied with by the railroad companies. It is the duty of the Track and Safety Appliance Inspector to report to the Commission the violation of any state or federal law pertaining to railroads, by any common carrier operating in Montana. The Inspector makes investigation into all wrecks and serious accidents and files a report in connection with the same with the Commission. ACCIDENTS. The Montana Railroad Commission Law makes certain requirements with reference to the reporting and investigation of accidents occurring in the operation of railroads within the state. Under regulation of the Commission, Railway Companies are required to give telegraphic notification of all accidents covered by the law, within one hour after the occurrence of same, if possible. The telegraphic notification of an accident is followed by a detailed daily report made out upon a form furnished by the Commission; at the end of each month all Railway Companies in Montana file a monthly or recapitulatory report, also upon this Department's form, showing the accidents occurring during the month. The telegraphic notifications and daily reports of accidents are copied into books provided for the purpose making a complete, permanent history of every accident. A card index shows at a glance the name of every person injured, upon what road and other details. The following recapitulation of accidents covers the period between March, 1907 and July 1st, 1908: 130 1,010 Total killed on all Railroads in Montana. Of those listed as injured, it is safe to say that fully fifty per cent. are accidents of a very slight nature, “cinder in eye," "sprains," "abrasions,” etc. It will be noted that for the entire period of sixteen months covered by the above figures, but two passengers were killed by the railroads in Montana; certainly a wonderful record. Under the heading of "others killed" and "others injured" the greater number so listed were trespassers upon right of way and trains. The Commission has investigated a number of wrecks, personally but owing to the great distances across our state it is often impossible to reach the scene of a wreck until after all evidence in connection with the same has been cleared away. FINANCIAL ACCOUNT The Montana Railroad Commission law carried with it an appropriation of $50,000.00 for the years 1907 and 1908. Below will be found a statement, segregated into certain divisions, showing total amount expended to July 31st, 1908, together with balance of appropriation unexpended. From the appropriation there have been paid all expenses of the Commission, including office equipment purchased, printing, supplies, travelling expense, postage, express and telegraph charges. Appropriation under the law, for 1907 and 1908... Salaries, Commissioners and Employes Supplies, freight, postage, etc. Furniture and Fixtures Expenses of Hearings $25,649.33 .$ 2,791.71 $50,000.00 31,872.33 $18,127.47 Traveling Exp., Commissioners and Employes. $1,850.29 Balance of Appropriation, July 31st, 1908.. Helena, Montana, July 31st, 1908. This is to certify that the total of all warrants issued against the appropri ation for the Railroad Commission, to and including July 31st, is $31,872.33. H. R. CUNNINGHAM, State Auditor. (Signed) OPINIONS BY THE ATTORNEY GENERAL DepartmenT OF ATTORney General. Helena, Montana, April 6, 1907. To the Board of Railroad Commissioners, Helena, Montana: Gentlemen: I am in receipt of your favor of the 4th inst., presenting for decision by this office the following question, to-wit: "Is the item of $1,000.00 mentioned in Section 8, an item chargeable out of the sum appropriated in Section 36, or is it an extra item allowed the Board in addition to the State appropriation mentioned in Section 36?" In answer to this question you are advised that the $1,000.00 mentioned in Section 8 of the law does not constitute an appropriation of State Funds for the purpose therein mentioned in addition to the $50,000.00 which is appropriated by Section 36. It is rather a limitation of the amount which you are permitted to use for the purposes specified in Section 8, but when such items are allowed and paid by the State they will have to be paid from the appropriation made for your two years' maintenance in Section 36 of the law. It is provided in the Constitution by Section 34 of Article V, that "No money shall be paid out of the Treasury except upon appropriations made by law, and on warrant drawn a proper officer in pursuance thereof, except interest on the public debt." And, further, by the provisions of Section 12, Art. XII, the appropriation of public moneys is prohibited for a period longer than two years. It will therefore be readily seen and understood by you that Section 8 cannot have the force and effect of appropriating anything additional to the amount appropriated by Section 36 of the law. Respectfully submitted, (Signed) ALBERT J. GALEN, Attorney General. Department OF ATTORNEY GENERAL. Helena, Montana, April 11, 1907. Board of Railroad Commissioners, Helena, Montana: Gentlemen: I am in receipt of your favor of the 4th inst. presenting for decision by this office the following question: . Has the Board of Railroad Commissioners under the provisions of Section 19 of the law (Chap. 37, laws 1907), power to compel a railroad company to make regular stops with its passenger trains at stations where their regular schedule does not provide for stoppage at said station, provided, in the judgment of the Board such stoppage is deemed necessary for the reasonable accommodation of the public? In answer you are advised that the Board has such power, if after investigation it is found that the railroad company is guilty of discrimination, or instances where no sufficient or adequate train service and accommodations are furnished to the inhabitants of such stations and the traveling public. Prentice & Egan Commerce Clause of the Fed. Const. P. 184. Statutes have been passed in several states compelling railway companies to stop their regular passenger trains at county seats, and such statutes have been held valid and constitutional by the court. Chicago & A. Ry. Co. vs. People, 105 Ill. 657; 143 III. 434. State vs. Gladson, 57 Minn. 385. This last named case, under title of Gladson vs. Minnesota, was affirmed in 166 U. S. 427. Our opinion is that if the legislature may pass such laws, that a railway commission, by virtue of the police powers of the State, may also make the needed regulations along the same general lines. However, the Supreme Court of the United States, December 3rd, 1906, decided that the Mississippi Railroad Commission had no authority to require a railway company to stop its interstate mail trains at specified county seat where proper and adequate facilities are otherwise afforded that station. This opinion is a very interesting and instructive one, but the court practically decides that each case should be decided upon the facts involved in the particular case presented. And there is also a suggestion quoted therein from the Circuit Court of Appeals, that instead of ordering mail trains engaged in interstate commerce to stop, that probably the commission could have ordered more trains to run if the evidence showed lack of accommodations. Miss. R. R. Com. vs. Ill. C. R. Co., 27 Sup. Ct. Rep. p. 90. Respectfully submitted, (Signed) ALBERT J. GALEN, Attorney General. |